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HPBA Files Opening Brief

HPBA Files Opening Brief

HPBA has filed with the United States Court of Appeals for the District of Columbia, the first legal brief (argument) in its nearly two year long petition for judicial review of the Department of Energy's (DOE) April 2010 final rule affecting decorative hearth products. The case was put on hold while negotiations between HPBA, DOE and other involved parties were held with the hope of finding a simple regulatory (i.e., not court ordered) fix to the language of the final rule.

These negotiations broke down in early summer 2011, and HPBA then requested that the court begins its review of the case. The court responded with a schedule of filings that included HPBA's January 3, 2012 submission to the court of its arguments. Over the next several months, there will be more submissions by DOE, HPBA and others. A final decision by the court on this matter is not expected until mid-2012, at the earliest.